Norman; Secretary, Department of Social Services and (Social services second review)

This matter concerned an appeal by the Secretary of the Department of Social Services against a decision of the Administrative Appeals Tribunal (AAT) concerning a claim for a disability support pension. The AAT had found that the respondent's medical conditions, including Attention Deficit Disorder and Asperger's syndrome, resulted in an impairment rating of 20 points or more under the Impairment Tables and that the respondent had a continuing inability to work. The Secretary sought to set aside this decision.

The primary legal issue before the AAT was whether the respondent's diagnosed conditions constituted a level of impairment that met the criteria for a disability support pension under the relevant social security legislation. This involved assessing whether the conditions, when considered against the Impairment Tables, reached the threshold of 20 points or more, and whether these impairments resulted in a continuing inability to undertake remunerative work.

The Senior Member of the AAT considered the medical evidence presented regarding the respondent's diagnoses and their impact on his functional capacity. The AAT applied the Impairment Tables, which are designed to assess the severity of various medical conditions and their impact on an individual's ability to work. The AAT found that the evidence supported a finding that the respondent's conditions met the required points threshold and that he was unable to work on a continuing basis.

Consequently, the AAT set aside the decision under review and substituted its own decision, granting the disability support pension to the respondent.